Deck 2: The Court System and Dispute Resolution

Question 1

To initiate a lawsuit, both parties must appear in person and state their claims and defenses in court.

Answer 1

False

Question 2

A peremptory challenge to a prospective juror generally can be exercised without giving a reason.

Answer 2

True

Question 3

Depositions are usually taken in the courtroom for purposes of discovery.

Answer 3

False

Question 4

The defendant in a civil case is the party who is suing.

Question 5

Generally, the prevailing party in a lawsuit is awarded the costs of the action, including witness fees and jury fees.

Question 6

A family law court is an example of a small claims court.

Question 7

Federal district courts are the trial courts of the federal court system.

Question 8

The authority of a court to decide certain types of cases is called jurisdiction.

Question 9

If questions of fact are involved, a judge will usually decide the case based on the pleadings alone.

Question 10

An appellate court determines whether there has been reversible error.

Question 11

An en banc decision within a U.S. Court of Appeal only requires a panel of three judges.

Question 12

A judge rules on the admissibility of evidence presented in the trial.

Question 13

A court that can only hear disputes involving damages of $5,000 or less has a limited jurisdiction.

Question 14

Garnishment is a method for satisfying a judgment against a defendant.

Question 15

A probate court is an example of a general trial court.

Question 16

The federal court system consists of three levels.

Question 17

Documents filed by both parties at the beginning of a lawsuit are called the pleadings.

Question 18

State supreme courts generally hear all cases appealed to them.

Question 19

A motion for a directed verdict occurs immediately after the last pleading is filed.

Question 20

All courts have general jurisdiction.

Question 21

Mediation tends to keep discussions between parties proceeding.

Question 22

Service of process refers to:

A) a demand letter sent by the plaintiff to the defendant.
B) a reply sent to the plaintiff by the defendant.
C) giving the defendant proper notice that a legal action is pending.
D) a record of the court's preliminary hearing.

Question 23

When arbitration is mandatory under a statute, the losing party generally can appeal from such arbitration to a court.

Question 24

Which of the following is not an example of limited or special jurisdiction court?

A) Probate court
B) Juvenile court
C) Domestic Relations court
D) Court of original jurisdiction.

Question 25

The U.S. Courts of Appeals consists of ______federal judicial districts.

A) Ten (10)
B) Fifteen (15)
C) Thirteen (13)
D) Nine (9)

Question 26

The person who initiates a civil lawsuit is called the:

A) defendant.
B) prosecutor
C) plaintiff.
D) judge.

Question 27

State supreme courts primarily have ______ jurisdiction.

A) appellate
B) limited
C) general
D) original

Question 28

Original jurisdiction courts are generally ____________.

A) supreme courts
B) appellate courts
C) trial courts
D) limited courts

Question 29

Courts have increasingly set aside arbitration clauses involving small businesses or consumers.

Question 30

A court is a tribunal established by:

A) the parties to a lawsuit.
B) the government.
C) the parties to a contract.
D) the will of the people.

Question 31

A summary jury trial is a mock trial before a judge.

Question 32

The types of civil cases that a private citizen can file in federal district courts include:

A) cases in which any state in the United States is one of the parties.
B) cases between citizens of different states that involve damages of $75,000 or more.
C) cases brought by the citizen of one state against the state government of the same state.
D) criminal charges against a state representative.

Question 33

The Federal Arbitration Act provides that only arbitration clauses dealing with federal subject matters are valid, irrevocable, and binding.

Question 34

Arbitration procedures occur in a court of law.

Question 35

The mediator in a mediation has the power to force the parties to come to a settlement.

Question 36

The power given to courts to hear certain types of cases is called:

A) jurisdiction.
B) mediation.
C) arbitration.
D) summary judgment.

Question 37

If there is a reference to a third party to determine a dispute, in most cases the decision is binding.

Question 38

The United States Supreme Court was created by:

A) Congress.
B) the President.
C) the Uniform State Law Commission.
D) the U.S. Constitution

Question 39

The decision of an association tribunal is binding on both the association member and the consumer.

Question 40

A "Rent-a-Judge" serves as a referee.

Question 41

Judicial Triage is all of the following except:

A) a court management tool.
B) results in some cases being expedited.
C) results in some cases being postponed.
D) a directed verdict

Question 42

Which is not considered an alternate means of dispute resolution?

A) civil lawsuit
B) arbitration
C) association tribunals
D) minitrial

Question 43

In a minitrial:

A) only three jurors are used.
B) the trial addresses only portions of the case or certain issues related to the case.
C) the decision is always fully binding on the parties.
D) none of these.

Question 44

A motion for a directed verdict is appropriate:

A) immediately after the pleadings are filed.
B) immediately after discovery is concluded.
C) immediately after the presentation of all evidence at trial.
D) on appeal.

Question 45

A summary jury trial is:

A) binding on the parties.
B) a mock trial.
C) a full and complete hearing of all evidence pertaining to the case.
D) a shortcut to establishing judicial precedent.

Question 46

When testifying at trial, the witness for the plaintiff will undergo _______ by the plaintiff's attorney, and a(n) _______ by defense counsel.

A) a background check, cross-examination
B) direct examination, recross-examination
C) redirect examination, cross-examination
D) direct examination, cross-examination

Question 47

The answer to the complaint is filed by the:

A) defendant.
B) prosecutor.
C) plaintiff.
D) judge.

Question 48

When a defendant files a(n) _________ he is attacking the plaintiff's pleading as not stating a cause of action or defense.

A) counterclaim.
B) motion to dismiss.
C) motion for summary judgment.
D) notice of service.

Question 49

One of the motions that can be made after a verdict has been entered is a motion for a:

A) mistrial.
B) summary judgment.
C) directed verdict.
D) judgment notwithstanding the verdict.

Question 50

Garnishment applies to the judgment debtor's:

A) wages.
B) attorney fees.
C) land and home.
D) cars.

Question 51

In mediation, the mediator acts as a(n):

A) judge.
B) attorney.
C) messenger.
D) expert witness.

Question 52

Billy has a dispute with Sleepdigit Bedspring Company over a number of beds Billy recently purchased from Sleepdigit for use in his hotel. Billy needs to decide whether to pursue litigation or employ an alternative means of dispute resolution. What advantages are most often associated with alternative dispute resolution? Which choice would be most appropriate in this case?

Question 53

Voir dire examination is used in connection with:

A) determining whether the pleadings are valid.
B) jury selection.
C) deciding whether to appeal a trial court decision.
D) discovery.

Question 54

A deposition is or can accomplish any of the following except:

A) the testimony of a witness taken under oath.
B) conducted outside of the courtroom.
C) can be used to impeach a witness.
D) can be used to dismiss the lawsuit.

Question 55

Chandra sues Martin for breach of contract. Both parties have completed discovery. Chandra now wants her attorney to file a motion to have the judge rule in her favor without having to proceed further. Chandra does not know whether the motion to dismiss or the motion for a summary judgment is proper. Which motion is proper and why?

Question 56

The _____ rule(s) on the admissibility of evidence.

A) Judge
B) Jury
C) Attorneys
D) court clerk

Question 57

If a case has no material facts in dispute either party can file a(n) _________ and allow a judge to make a ruling as a matter of law.

A) motion to dismiss
B) counterclaim
C) demurrer
D) Motion for summary judgment